Madras High Court
Gunasekaran @ Gunasekarapandian vs State Of Tamil Nadu on 6 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.12946 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.12946 of 2024
and Crl.M.P(MD).Nos.7971 and 7973 of 2024
Gunasekaran @ Gunasekarapandian ... Petitioner
Vs.
1.State of Tamil Nadu
rep., by the Deputy Superintendent of Police,
Paramakudi Sub Division,
Paramakudi, Ramanathapuram District.
2.The Inspector of Police,
Parthibanur Police Station,
Parthibanur, Ramanathapuram District.
Crime No.116 of 2023
3.Rajaboopathi ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
2023, to call for the records pertaining to the charge sheet taken in
Spl.S.C.No.45 of 2023 on the file of the Special Court for Exclusive
Trial Cases, Registered under SC/ST (POA) Act, Ramanathapuram, and
quash the same as illegal and unsustainable.
For Petitioner : Mr.A.Ramesh
1/6
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Crl.O.P.(MD)No.12946 of 2024
For R1 & R2 : Mr.K.Sanjai Gandhi
Government Advocate
(Criminal Side)
For R3 : Mr.K.Kevinkaran
ORDER
This Criminal Original Petition has been filed, invoking Section
528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking orders to call
for the records in Spl.S.C.No.45 of 2023 on the file of the Special Court
for Exclusive Trial Cases, Registered under SC/ST (POA) Act,
Ramanathapuram and quash the same as illegal, improper and abuse of
process of law.
2. The case of the prosecution is that the defacto complainant/third
respondent is working as Maths teacher in Government Higher
Secondary School and the petitioner/sole accused is working as drawing
teacher in the same school. When the defacto complainant was sitting in
staff room, the petitioner abused him calling his caste name and also
attacked him. Hence, the complaint.
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Crl.O.P.(MD)No.12946 of 2024
3. The learned counsel appearing for the petitioner would submit
that the third respondent lodged a complaint before the second
respondent and F.I.R. registered in Crime No.116 of 2023, after
investigation, final report filed, the same taken cognizance in Spl.S.C.No.
45 of 2023 on the file of the Special Court for Exclusive Trial Cases,
Registered under SC/ST (POA) Act, Ramanathapuram, for the offences
under Sections 294(b), 323 of IPC r/w 3(1)(r), 3(1)(s) and 3(2)(va) of
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act,
against the petitioner.
4. The case is under trial. By passage of time, the parties have
decided to bury their hatchet and compromise the dispute amicably
among themselves. Now, the third respondent is agreeing to withdraw
the complaint, not willing to pursue the case. A compensation amount
has also been paid to the victim.
5. A Joint Memo of Compromise filed before this Court signed by
the petitioner and the third respondent and their respective counsels. The
petitioner and the third respondent present before this Court, identified
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Crl.O.P.(MD)No.12946 of 2024
by S.Gopal, SSI of Police, Parthipanoor Police Station, Ramnad, as well
as by the learned counsels appearing for the parties. This Court enquired
both the parties, satisfied that the parties have come to an amicable
settlement between themselves on their own voluntarily without any
compulsion.
6. In the instant case, where the parties have compromised the
matter, the High Court has to power to quash the complaint for the
offence under Sections 294(b), 323 of IPC r/w 3(1)(r), 3(1)(s) and 3(2)
(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)
Act .
7. The legal position expressed by the Hon'ble Apex Court in the
case of Gian Singh vs. State of Punjab and another reported in (2012)
10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat)
reported in (2017) 9 SCC 641 were taken into consideration.
8. In the light of the guidelines issued in the above said judgments
of the Hon'ble Apex Court, no useful purpose will be served in keeping
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Crl.O.P.(MD)No.12946 of 2024
the proceedings in Spl.S.C.No.45 of 2023 on the file of the Special Court
for Exclusive Trial Cases, Registered under SC/ST (POA) Act,
Ramanathapuram, even though, the offences involved are not
compoundable in nature.
9. Accordingly, this Criminal Original Petition is allowed and the
proceedings in Spl.S.C.No.45 of 2023 on the file of the Special Court for
Exclusive Trial Cases, Registered under SC/ST (POA) Act,
Ramanathapuram, is quashed as against the petitioner and the joint
compromise memo shall form part and parcel of this order.
Consequently, connected Miscellaneous Petitions are closed.
NCC : Yes / No 06.01.2025
Index : Yes / No
Rmk
To
1.The Judge, Special Court for Exclusive Trial Cases,
Registered under SC/ST (POA) Act, Ramanathapuram.
2.The Deputy Superintendent of Police,
Paramakudi Sub Division,
Paramakudi, Ramanathapuram District.
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Crl.O.P.(MD)No.12946 of 2024
M.NIRMAL KUMAR, J.
Rmk
3.The Inspector of Police,
Parthibanur Police Station,
Parthibanur, Ramanathapuram District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Order made in
Crl.O.P.(MD)No.12946 of 2024
Dated: 06.01.2025
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